Can a lease be transferred without the permission of the original lessor if for example one company has a lease can a new company acquire that lease without the original lessor's permission?

Answer 1

You would need to review the terms of the original lease with your attorney. The following types of clauses regarding assignments of leases are generally included, in some form, in professionally drafted lease agreements:

Assignments by lessee (tenant):

• Tenant agrees not to assign this Lease, nor to sublet any portion of the property.
• Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises.
• Tenant shall have the right without Landlord's consent, to assign this Lease to a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets.
• Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed.

Assignments by lessor (owner):

• It is specifically agreed and understood that the terms of the foregoing Lease may be altered, affected, modified or changed by agreement between Lessor and Lessee, or by a course of conduct and said Lease may be assigned by Lessor or any assignee of Lessor without consent or notice to Guarantors and that this Guaranty shall thereupon and thereafter guarantee the performance of said Lease as so changed, modified, altered or assigned.
• It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Lessee to transfer or assign this lease in violation of any term hereof.

Added: The above is good advice. However, as a general rule, a purchaser could acquire ownership of properties, and/or existing leases, SUBJECT TO the existing leases or contracts. It can be generally stated that a new purchaser would NOT be able to change the provisions of an existing lease or rental contract. If that were true, no one would ever be able to purchase an apartment complex, or a building containing multiple tenants/occupants, and lenders would not be able to buy or sell mortgage paper.